AxiaTerms of Use

Introduction

This web site is owned and operated by Axia® Merchant Payment Services (throughout these Terms of Use “Axia” refers collectively to Axia and its subsidiaries, affiliates and related companies). By accessing or using this site, you accept without limitation or qualification the following terms and conditions concerning the use of this site and agree to comply with all applicable law. If you do not agree with these Terms of Use, you must not use this site or access the content on it. Axia may change these Terms of Use at any time by updating this notice and your use of this site after such changes are posted will mean that you accept them and are bound by them. You should therefore review this page regularly.

Limitations of Liability

The information on this web site, including text, images, and links, is provided “as is” by Axia as a convenience to its current and future customers and authorized distributors and customers. Axia makes no representations or warranties of any kind, either express or implied, including, but not limited to, the operation of this site or the information, content or materials included on this site. By viewing this site you agree that your use of this site is at your exclusive risk. Axia does not warrant that this site is or will be free from viruses or other harmful components.

Non-Responsibility

In no event shall Axia be liable for any damages of any kind arising from the use of this site or the reliance on the information it contains, including but not limited to direct, indirect, incidental, punitive, special or consequential damages, including without limitation, any loss of profits, business interruption, loss of programs or other data or otherwise. This limitation applies whether the alleged liability is based on negligence, tort, contract, strict liability or any other basis, even if Axia is expressly advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liabilty of Axia in such jurisdictions shall be limited to the extent permitted by law. The maximum liability of Axia for any claim arising out of or in connection with this site is $100.

Accuracy and Changes

Although every effort has been made to ensure the accuracy of the published information, Axia assumes no responsibility for errors, omissions, technical inaccuracies contained on this web site or other web sites that link into and out of this web site or for any interruption to the accessibilty of this site. Axia reserves the right to change or update information at any time without notice and may also make improvements and/or changes in the products or services described on this web site.

Hyperlinks are not Endorsements

This site may provide hyperlinks to third party web sites or access to third party content. Axia does not control, endorse, approve or make any representations whatsoever about any other web site which may be accessed through this web site. Axia is not responsible for any such third party web sites or content. Your connection to any such linked site is at your own risk. It is your responsibility to take precautions to ensure that whatever you select for use is free of such items as viruses and other items of a destructive nature.

Trademarks and Service Marks

Axia® Merchant Services and the logo design and other marks indicated on this site are registered trademarks or trademarks of Axia in the United States and/or other countries. Axia’s trademarks may not be used in any manner that is likely to cause confusion or in connection with any service or product that is not sponsored, endorsed or produced by Axia. All other trademarks not owned by Axia that appear on this site are the property of their respective owners.

Axia retains all copyrights in any text, graphic images, and software owned by Axia. The information on this web site is intended to provide corporate, product, or service information only and may not be used for any other purposes. The information contained therein may not be copied, mirrored, distributed, reproduced, transmitted, or printed without written permission from Axia.

Applicable Law

These Terms of Use and any dispute arising from them or from use of this site shall be governed by the laws of the State of California, without regard to conflict of laws principles. Any court of competent jurisdiction sitting within the State of California shall be the exclusive jurisdiction and venue for any dispute arising from these Terms of Use or from use of this site. You hereby waive any argument that any such court does not have jurisdiction over you or over such dispute, or that venue in any such court is inappropriate or inconvenient.

Indemnification

You hereby agree to indemnify and hold Axia harmless from any claim or demand (including attorney fees and costs) made by any third party arising from your use of this site or your alleged breach of these Terms of Use, or any alleged violation by you of the rights of a third party.

Communication to Axia

Any communication you send to this site, electronically or otherwise, including but not limited to data, questions, comments, suggestions or submissions is and will be treated as non-confidential and non-proprietary.

Industry Affiliation

Axia® Merchant Services is a registered affiliate with Merrick Bank and BMO Harris Bank N.A..

Miscellaneous

If any provision of these Terms of Use is held invalid or unenforceable, then such term shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms of Use. Axia may change, suspend or discontinue any aspect of this site at any time and may restrict your access to this site without notice or liability. No agency relationship is intended or created between you and Axia by use of this site or by these Terms of Use.